Rittenhouse trial shows the perils of weighing public opinion over evidence

For those watching the trial, there was a shocking disconnect from prior news coverage and the actual evidence. There was an even greater disconnect with the charges.

It is a familiar pattern. In the Trayvon Martin case, George Zimmerman was charged with first-degree murder; some of us criticized prosecutor Angela Corey for pursuing first-degree murder in a classic self-defense case. With only Zimmerman surviving the encounter and exhibiting injuries from the struggle, a first-degree conviction was extremely unlikely as opposed to a manslaughter conviction — but the lesser charge would not have satisfied many in the public. The result was an acquittal.

Overcharging may please the public, but it can demolish a case. While jurors can convict on “lesser included” offenses, the credibility of the prosecution is established by the lead charge. Jurors tend to start at the top and work their way down on the charges. If the first-degree charge is wildly out of reach, they are more likely to doubt the lesser charges, too.